California’s 10-Year DUI Rule: What’s the Lookback Period?

Getting arrested for Driving Under the Influence (DUI) in California is a serious, life-altering event. If you have a prior offense on your record, the situation immediately becomes exponentially more complex and severe. California law is structured to penalize repeat offenders much more harshly than first-time offenders.

The key determinant for these increased penalties is the 10-year lookback period, often simply called the “10-Year Rule.”

This rule is codified primarily within the California Vehicle Code (CVC), setting a strict timeframe for how far back prosecutors and courts can look to enhance your current DUI charges. When an offense is used for enhancement, it means the punishment for your new DUI is magnified, potentially resulting in mandatory jail time, longer license suspension, and extended DUI education requirements.

It’s crucial to understand that this rule isn’t about how long a DUI stays on your criminal record (which can be permanent). Instead, it’s the specific window used to determine whether your new offense triggers the steep escalation of penalties reserved for repeat offenders.

Navigating this lookback period requires precision and detailed knowledge of the law. For anyone facing a second, third, or fourth offense, understanding the mechanics of the 10-Year Rule is the essential first step in building an effective defense strategy. The stakes are simply too high to leave this critical detail to chance.

How is the 10-Year Lookback Period Calculated in California?

This is one of the most critical and often misunderstood aspects of the 10-Year Rule. Many people mistakenly believe the lookback period is calculated from the date they were convicted or sentenced in court.

The truth is simpler, yet more strict: the 10-year lookback period is calculated from the date of arrest to the date of arrest.

This means the clock starts ticking on the date you were first pulled over and cited for the prior offense. The clock stops on the date you were arrested for the new, subsequent offense.

Why the Arrest Date Matters

• Avoids Delay Tactics: Calculating the period based on the arrest date prevents defendants from delaying the conviction date to try and push the offense outside the 10-year window. The legal system wants to focus on the driver’s actions and the proximity of the violations.
• Example Scenario:
  1. Prior Offense Arrest Date: March 1, 2015
  2. Prior Offense Conviction Date: November 5, 2015
  3. New Offense Arrest Date: February 15, 2025

In this example, only 9 years, 11 months, and 15 days have passed between the two arrest dates. Because the prior offense is well within the 10-year lookback window, the new DUI charge will be treated as a second offense, triggering significantly increased penalties under California Vehicle Code Section 23540.

If, however, the new arrest date was March 2, 2025, the offense would fall outside the 10-year window, and the new DUI would typically be prosecuted as a first offense (though the prior would still be known to the court).

Key Calculation Factors

When determining if your case is subject to enhancement, the prosecution must legally prove the prior conviction exists and falls within the 10-year timeframe. Key factors they consider include:

• Date of Violation (Arrest Date): The starting point for the calculation.
• Date of Second Violation (Arrest Date): The ending point for the calculation.
• Certified Records: The prosecution must use certified records of the prior conviction to prove its existence and timeline in court.

Understanding this precise calculation method is vital for your defense. An experienced attorney will immediately scrutinize the dates to confirm the “priorability” of the alleged offense.

Which Past Offenses Actually Count as a “Prior DUI” Under the 10-Year Rule?

The 10-Year Rule isn’t limited strictly to convictions of driving under the influence of alcohol (VC 23152(a) or (b)). The law casts a wide net, encompassing several related driving offenses that demonstrate impaired operation of a vehicle.

This broad definition is why the 10-Year Rule applies to nearly any impaired driving conviction within the window.

Offenses That Count as Priors

The following convictions are considered “priorable” offenses for the purpose of enhancing a subsequent DUI charge under the 10-Year Rule:

1. Driving Under the Influence (VC 23152): This includes driving under the influence of:
   • Alcohol (0.08% BAC or higher).
   • Drugs (Marijuana, prescription, or illegal substances).
   • A combination of both alcohol and drugs.
2. DUI Causing Injury (VC 23153): Any DUI offense that resulted in bodily harm to another person.
3. “Wet Reckless” (VC 23103.5): This is perhaps the most important inclusion to note.
   • A wet reckless is a plea bargain where a DUI charge is reduced to reckless driving with a “wet” (alcohol-related) notation.
   • While it carries lesser immediate penalties than a standard DUI, it explicitly counts as a full prior DUI for enhancement purposes if you receive a new DUI within 10 years.
4. Out-of-State DUI Convictions: Generally, California courts will consider a DUI or DWI conviction from another state as a prior offense if two criteria are met:
   • The conviction occurred within the 10-year lookback period.
   • The statute in the other state is deemed “substantially similar” to California’s DUI statutes.

Offenses That Do Not Count (For Enhancement)

It is equally important to know what does not count as a prior offense for enhancement purposes:

• Simple Reckless Driving (VC 23103): Reckless driving without the “wet” notation does not trigger DUI enhancements.
• Exhibition of Speed (VC 23109): While a serious traffic violation, it is not considered a prior DUI.
• Boating Under the Influence (BUI): BUI usually has a separate, often shorter, lookback period and does not generally count toward standard DUI enhancements.

By including wet reckless, California ensures that individuals who successfully negotiated a lesser charge still face the full weight of the law if they repeat the offense within the 10-year window.

What Happens When a DUI Conviction “Washes Out” After 10 Years?

When a prior DUI offense occurred more than 10 years before your current arrest, it is said to have “washed out.” This term is specific and relates only to the ability of the prosecution to use the conviction for mandatory sentencing enhancements.

The concept of a “washout” must be understood clearly to avoid confusion about your criminal record.

The Washout Effect on Sentencing

• No Mandatory Enhancement: If your prior DUI is outside the 10-year window, the current DUI charge must be treated as a first offense for the purpose of mandatory minimum penalties. This is a massive legal benefit, as it avoids the mandatory jail time and extended suspension associated with a second or third offense.
• Example: A 12-year-old DUI cannot be used to force a minimum of 96 hours of jail time (the minimum for a second offense) on your new conviction.

The DUI Remains on Your Record

Crucially, “washout” does not mean the DUI disappears from your history. A DUI conviction remains on a person’s record in two separate systems:

1. DMV Driving Record: A DUI conviction stays on your California Department of Motor Vehicles (DMV) driving record for exactly 10 years from the date of the violation. After this time, it is generally removed from the driving record used for insurance purposes and immediate driver history checks.
2. Criminal Record (Court Record): Without specific legal action, a DUI conviction remains permanently on your criminal history. It will show up on background checks performed by employers, licensing boards, and government agencies indefinitely unless it is successfully expunged.

Expungement vs. Washout

An expungement is a separate legal process where a court dismisses the conviction (Vehicle Code 1203.4). Even an expunged DUI still counts as a prior for enhancement purposes under the 10-Year Rule if it falls within the window.

• Washout: Removes the DUI from the prior enhancement calculation after 10 years.
• Expungement: Removes the DUI from the criminal record for most background checks (but does not erase it from the DMV record or from being used as a priorable offense within the 10 years).

In short, the DUI conviction itself is permanent without expungement, but its legal power to enhance a new charge washes out after a decade.

How Does the 10-Year Rule Escalate Penalties for Repeat Offenders?

The primary reason the lookback period matters is the dramatic escalation of penalties it mandates for repeat offenders. Each successive DUI conviction within the 10-year window significantly increases the severity of the consequences imposed by the court and the DMV.

This system is designed to ensure that those who repeatedly violate DUI laws face progressively harsher sentences.

First DUI Offense (No Priors in 10 Years)

Even a first offense carries serious weight:

• Jail Time: Up to six months in county jail (rarely served for first non-injury offense).
• Fines: Approximately $390 to $1,000 base fine, which can triple or quadruple with penalty assessments.
• License Action (DMV): A six-to-ten-month license suspension.
• DUI School: Mandatory attendance in a court-approved DUI education program (3 to 9 months).
• IID: Possible or required Ignition Interlock Device (IID) installation for six months.

Second DUI Offense (Within 10 Years)

The 10-Year Rule truly hits home with a second offense:

• Jail Time: Mandatory minimum of 96 hours up to one year in county jail.
• Fines: Same range of base fines, but penalty assessments are higher.
• License Action (DMV): A two-year driver’s license suspension.
• DUI School: Mandatory enrollment in an 18-to-30-month DUI alcohol education program (often referred to as SB 38).
• IID: Mandatory installation of an IID on the vehicle for a period of up to one year to qualify for a restricted license.

Third DUI Offense (Within 10 Years)

A third strike within the 10-year period leads to near-certain, significant jail time:

• Jail Time: Mandatory minimum of 120 days up to one year in county jail.
• Fines: Substantial fines and fees.
• License Action (DMV): A three-year driver’s license revocation.
• DUI School: Mandatory completion of a 30-month DUI education program.
• IID: Mandatory installation of an IID.

Fourth or Subsequent DUI Offense (Within 10 Years)

The fourth conviction within 10 years is the most severe, often triggering a felony charge:

• Charge Type: The offense can be charged as a Felony/Wobbler, giving the prosecution the option to file as a felony.
• Prison Time: If charged as a felony, the defendant faces a sentence of 16 months, two years, or three years in state prison.
• Fines: Fines can reach up to $5,000.
• License Action (DMV): A four-year license revocation.

These escalating penalties, outlined in Vehicle Code Sections 23540, 23550, and others, demonstrate the state’s zero-tolerance policy for habitual DUI offenders.

Why Do Judges and Prosecutors Care About DUIs Outside the 10-Year Window?

While a prior DUI conviction older than 10 years cannot be used to impose the mandatory, enhanced penalties discussed above, it absolutely does not vanish from the court’s consideration. Judges and prosecutors are allowed to, and almost certainly will, consider these older offenses when making discretionary decisions about sentencing.

Consideration for Discretionary Sentencing

The primary function of the 10-Year Rule is to trigger mandatory minimum jail sentences and license actions. Once that period is surpassed, the mandatory aspect disappears. However, the court still views the defendant’s complete history to assess their risk to the public and determine appropriate probation terms.

• Judicial Discretion: Judges retain the authority to impose tougher sentences up to the maximum allowable for a first-time offense. An old DUI informs this decision, indicating a pattern of unsafe behavior.
  • Example: For a first-time DUI, a judge might impose minimal community service. For a first-time DUI with a 15-year-old prior offense, the judge is far more likely to impose the maximum probation period, more community labor, or even some discretionary jail time.
• Probation Conditions: Older priors can heavily influence the conditions of probation. The court may require:
  • Extended alcohol monitoring.
  • Longer periods of self-help meetings (AA/NA).
  • Strict limits on future driving privileges.
• Plea Bargaining: The prosecutor knows that a judge will view an older offense unfavorably. Therefore, in plea negotiations, the existence of a prior DUI, even one outside the lookback period, can reduce the prosecutor’s willingness to offer a favorable deal. The defense attorney must be prepared to address the entire criminal history, not just the last 10 years.

In essence, even if the prior conviction has legally “washed out,” its existence serves as strong evidence of a client’s past conduct, which is a significant factor in sentencing.

Can an Experienced DUI Attorney Challenge a Prior Conviction Used for Enhancement?

Yes, absolutely. An experienced DUI defense attorney will meticulously review every aspect of a client’s history, specifically looking for ways to challenge the validity or “priorability” of an older conviction. Successfully challenging a prior offense can be the single most impactful action in a multiple-DUI case, potentially reducing a second or third offense back down to a first-time DUI for sentencing purposes.

Strategies for Challenging Prior DUIs

An aggressive defense strategy will often focus on the following three legal avenues:

1. Challenging the Lookback Calculation: The first step is always to verify the dates.
   • The attorney must confirm the arrest date to arrest date calculation.
   • If the original conviction records were delayed, or if there is any ambiguity in the dates, a challenge can be raised that the prior offense falls outside the precise 10-year window.
2. Challenging the Validity of the Prior Conviction (Constitutional Attack): This is a powerful, though complex, challenge.
   • The defense attorney examines the original court records to see if the client’s constitutional rights were violated during the first conviction.
   • This includes ensuring the client was properly admonished (informed) of their rights, the specific penalties they faced, and the fact that the conviction would be used to enhance future charges (the “priorable” nature).
   • If the records show the client was not properly advised, the prior conviction can be ruled legally unsound and inadmissible for enhancement purposes.
3. Challenging Out-of-State Convictions: If the prior offense occurred in another state, the defense can argue that the statute is not “substantially similar” to California law.
   • Example: If the out-of-state law only required a person to be in “physical control” of the vehicle (e.g., sleeping in the car with keys) rather than “driving,” the defense may argue it does not align with California’s definition of DUI.

When faced with a subsequent DUI, the attorney’s role is to scrutinize the foundational elements of the prior conviction. By attacking the legal soundness of the oldest case, the entire chain of enhanced penalties can be broken, significantly mitigating the potential consequences.

Conclusion

The California 10-Year Rule is the legal cornerstone of the state’s approach to repeat DUI offenses. It serves as a strict timer, determining whether a new DUI charge is treated as a minor offense or a serious, felony-potential violation with mandatory minimum sentences.

The rule’s complexity lies in its calculation (arrest date to arrest date) and the wide range of offenses it counts as “priorable,” including “wet reckless” and qualifying out-of-state convictions. While a prior offense outside the 10-year window “washes out” for enhancement purposes, it does not disappear from your permanent criminal record and will still influence a judge’s discretionary sentencing decisions.

If you are facing a second, third, or fourth DUI charge, the 10-Year Rule is the single most important factor determining your license status, jail time, and overall future. The difference between a first-offense penalty and a second-offense penalty can be the difference between probation and mandatory jail time.

The only effective way to navigate the intricacies of the lookback period and challenge the use of a prior conviction for enhancement is to seek immediate, experienced legal counsel.

The Win Law Firm, led by former prosecutor Kenny Nguyen, is dedicated to scrutinizing every detail of your case, from the original arrest records to the precise 10-year calculation, to ensure your rights are protected and the harshest penalties are avoided.

Contact The Win Law Firm Today

If you are facing a DUI charge and are worried about the impact of a prior conviction, don’t wait. Time is of the essence, especially regarding your 10-day window to request a DMV hearing. Contact The Win Law Firm now for a consultation. Let us fight for your future, together.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance specific to your case.

California’s 10-Year DUI Rule: Frequently Asked Questions 

How does the 10-year lookback period affect my driver’s license suspension?

The 10-year lookback period directly determines the length of your license suspension or revocation imposed by the California Department of Motor Vehicles (DMV). For a first offense within 10 years, the suspension is typically 6 to 10 months. However, a second offense within 10 years escalates the suspension to two years, and a third offense within 10 years results in a three-year revocation. These mandatory suspension lengths are a direct consequence of the 10-Year Rule and can only be reduced by obtaining a restricted license (often with an Ignition Interlock Device or IID) based on your offense number.

Does a “Wet Reckless” conviction count as a prior DUI under the 10-Year Rule?

Yes, absolutely. A “wet reckless” (Vehicle Code Section 23103.5) is a reckless driving conviction that specifically notes the involvement of alcohol. Although it is a reduced charge and carries lesser penalties than a full DUI conviction when you first receive it, the law explicitly states that a wet reckless must be counted as a full prior DUI for enhancement purposes if you are subsequently arrested for another DUI within the 10-year lookback period. This is why accepting a wet reckless plea bargain must be done with extreme caution if you are concerned about future driving infractions.

Is there a difference between the DMV lookback period and the court’s lookback period?

In California, the lookback period is generally the same, 10 years, for both administrative actions (DMV license suspension/revocation) and criminal proceedings (court-imposed jail time, fines, DUI school). However, the record itself is maintained separately. The DMV driving record clears the DUI after 10 years for general driving history and insurance purposes, while the criminal court record retains the conviction permanently unless you successfully petition for an expungement. Both agencies use the 10-year window to determine the severity of mandatory penalties.

Does a DUI conviction ever disappear from my criminal record in California?

A DUI conviction does not automatically disappear or “fall off” your criminal record after 10 years. The 10-year period only means the conviction can no longer be used to enhance the penalties of a future DUI. To remove a DUI conviction from your criminal record, you must successfully petition the court for an expungement under California Penal Code 1203.4. If granted, the court dismisses the case, but even an expunged DUI remains on your DMV driving record for the full 10-year period and can still be noted in certain professional background checks.

If I was arrested for DUI in another state 5 years ago, does it count as a prior offense in California?

Yes, if the out-of-state DUI conviction occurred within the 10-year lookback period, California courts will typically count it as a prior offense. The key requirement is that the foreign state’s DUI statute must be “substantially similar” to California’s law (Vehicle Code 23152). If the elements of the out-of-state crime, such as the definition of “driving” or the BAC limit, are fundamentally different, an experienced defense attorney may be able to successfully challenge its use as a prior conviction for enhancement purposes.